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NAT. WILDLIFE FEDERATION v. U.S. ARMY CORPS OF EN.

No. 3:05-0217.

404 F.Supp.2d 1015 (2005)

NATIONAL WILDLIFE FEDERATION, et al. Plaintiffs v. UNITED STATES ARMY CORPS OF ENGINEERS, an agency of the United States; and Lieutenant General Robert B. Flowers, Commander of the Corps; and United States Environmental Protection Agency, an agency of the United States; and Stephen L. Johnson, Acting Administrator, United States Environmental Protection Agency Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

December 1, 2005.

Attorney(s) appearing for the Case

James Murphy, National Wildlife Federation, Montpelier, VT, Joe W. McCaleb, Hendersonville, TN, Mary Mccall Mastin, Paddock & Mastin, Cookeville, TN, for Plaintiffs.

Martin Francis McDermott, Environment & Natural Resources Division, US Department of Justice, Washington, DC, Sam Delk Kennedy, Jr., Office of the United States Attorney, Nashville, TN, for Defendants.

MEMORANDUM

TRAUGER, District Judge.

Pending before the court is the defendants' Motion to Dismiss Plaintiffs' Complaint (Docket No. 26), to which the plaintiffs have responded (Docket No. 29), and the defendants have replied (Docket No. 32). For the reasons discussed herein, the defendants' motion will be granted.

FACTUAL BACKGROUND and PROCEDURAL HISTORY

On September 11, 2002, the Army Corps of Engineers ("Corps") issued...

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